ON APRIL 8, 2021, AN EXPERT DISCUSSION WAS HELD ON THE DRAFT LAW “ON ADMINISTRATIVE PROCEDURE”, WHICH IS AWAITING ITS SECOND READING AND IS EXPECTED TO BECOME A NEW CHAPTER IN THE RELATIONS BETWEEN PUBLIC ADMINISTRATION AND CITIZENS AND BUSINESS.
INTERNATIONAL AND UKRAINIAN EXPERTS, INCLUDING REPRESENTATIVES OF THE REGIONAL JUSTICE REFORM COUNCILS (RJRC), DISCUSSED THE BENEFITS OF A UNIFIED ADMINISTRATIVE PROCEDURE AND THE EXPERIENCE OF ITS APPLICATION IN EU COUNTRIES.
THE EVENT WAS INITIATED BY THE EU PROJECT “PRAVO-JUSTICE” IN COOPERATION WITH THE EU4PAR PROJECT. The adoption of the law on administrative procedure is part of the public administration reform, which is crucial for the implementation of the EU-Ukraine Association Agreement.
It will also create a framework for the quality work of administrative jurisdiction in general. “One of the main advantages of this law is that it standardizes the approach to hundreds of public services, which will further allow for their digitalization. Another advantage is its customer focus. We want the authorities in Ukraine to really feel like servants of the people,” said Dovydas Vitkauskas, Head of the EU Pravo-Justice Project.
Another absolute novelty of the law is the establishment of favorable conditions for reconciliation between an administrative body and a private person in complaint proceedings. “The subject of the complaint will be obliged to inform the parties to the proceedings about the possibility of resolving the dispute through conciliation. This, in turn, will contribute to a more efficient, quicker and cheaper way of resolving disputes,” Dovydas Vitkauskas added.
According to Ugis Siks, EU4PAR Project Manager, the unified administrative procedure is common to public services in all EU member states. “The law gives more rights to citizens and businesses in their interaction with the public administration and helps reduce bureaucratic burden and corruption risks. A single administrative procedure, unlike hundreds of different procedures and rules, is much cheaper for the state and taxpayers. The adoption of Law No. 3475 will be a confident step towards a service state with people at its center, as well as a confirmation of Ukraine’s European integration aspirations,” he emphasized.
In turn, Oleksandr Banchuk, Deputy Minister of Justice of Ukraine, emphasized the importance of this law for the courts. “We expect that once this law comes into force, it will also serve as a tool for administrative courts and will help us reduce the workload of the courts, and the remaining cases will be considered faster and better adjudicated in accordance with the rule of law,” he said.
The draft law on administrative procedure establishes new principles for reviewing cases related to the actions and decisions of public authorities. “Finally, the law will define what will be the discretionary powers of the public authority. Secondly, the legislators will establish the limits of application of these discretionary powers, which will give us the signs to determine whether they are legitimate,” said Andriy Ryshchenko, coordinator of the Dnipro RRRP, judge of the Dnipro District Administrative Court.
Every day, Ukrainians apply for public services to draw up documents, register a car, a land plot, etc.
These hundreds of different procedures are regulated by separate regulations, which creates a lot of inconvenience for citizens and businesses.
The Unified Law on Administrative Procedure will unify the activities of administrative bodies in Ukraine and establish uniform procedures.
This, in turn, will make public services more understandable and convenient for millions of Ukrainians.
The new law covers many areas of public administration: personal documents and registration of citizens, taxes and customs duties, licensing, land use, construction permits, social benefits, pensions, etc.
It will make the activities of administrative bodies transparent and convenient.
If necessary, the administrative body will be able to independently request documents and information held by other government agencies. Before making a decision that affects the interests of other people, the administrative body will have to hold a hearing.
And in case of refusal, for example, to issue a permit or license, it will have to justify its decision so that the person concerned can appeal it. For reference:The Regional Justice Reform Councils (RJCs)were established with the support of the EU Pravo-Justice Project and operate in Chernivtsi, Dnipro, Kharkiv, Lviv, Odesa oblasts and Donbas. To date, members of the Councils have been actively involved in the preparation of a draft law on mediation, amendments to the Bankruptcy Code, proposals to improve legislation on enforcement proceedings, the introduction of an electronic court, and discussions on the concept of transitional justice. The RECs act as permanent working groups that promote the implementation of reforms in accordance with the bottom-up principle: by bringing region-specific challenges and their potential solutions to the level of central authorities.